Single Parent Will

[dkagriffin]

What is the name of your state?Texas -

I am a single parent with a son who's 22 & a daughter that's 16. My son has agreed to take responsibility for my daughter should something happen to me before she is 18 - since I have no spouse is it better to leave my residence to my children? To a parent? Should I designate someone different than my son as the executor or will he need that authority to take care of my daughter? I have no real materals except a home & furniture.

D

 

[BlondiePB]

You cannot "will away" children. A person can recommend that a person be nominated as children's guardian. That still does not mean this will happen because it will be up to a judge's decision and will also be up to any rights that the father has. You need to see an estate attorney regarding all your other issues with your property, executor, etc.

 

[dkagriffin]

Confused

Texas -

I guess I wasn't clear, I'm not trying to "will away" my child. I am designating my son as her guardian should something happen to me. Her father is deceased & my parents are too old to assume responsibility for her.

I am concerned about how to designate my house to either be sold & proceeds be divided between the children or for it to be available for them to live in. I have no other real estate or real savings so the house is my only concern. My insurance policies are very clear to where they will go.

 

[dkagriffin]

Confused

Also an attorney is not affordable at this time - I would like to place something simple until it is.

 

[BlondiePB]

Also an attorney is not affordable at this time - I would like to place something simple until it is.

Plenty of attorneys give free initial consultations. You'll be surprised to learn that you can have an attorney draft the paperwork you want for a reasonable cost. It's worth it.

 

[BelizeBreeze]

Unless you want the courts to step in, you need a stand-by guardianship filed with the court. And an Attorney would be VERY advisable since this is a complicated procedure...

However, once completed, at your demise, your son would automatically be the legal guardian without further interaction of the court.

Also, what you are thinking about would not cover your disability. For example, if you were in a car accident in a vegetative state your will would not (yet) be valid and your child would be in legal limbo.

With a stand-by guardianship petition, your son could step in as the child's guardian and, if by chance, you become whole again, guardianship would automatically revert back to you.

NOW do you see why an attorney is advisable, even if you need to eat peanut butter and onion sandwiches for a few weeks?